🏁State Politics and the American Federal System Unit 2 – Federalism's Constitutional Foundations

Historical Context

• The United States Constitution, ratified in 1788, established a federal system of government
• Federalism, a key principle in the Constitution, divides power between the national government and state governments
• The Founding Fathers, including James Madison and Alexander Hamilton, advocated for a strong central government while preserving state autonomy
• The Articles of Confederation, the precursor to the Constitution, provided a loose framework for a decentralized government
  • Weaknesses of the Articles, such as the lack of a strong executive branch and the inability to levy taxes, led to the drafting of the Constitution
• The Constitutional Convention of 1787 brought together delegates from 12 states to revise the Articles of Confederation
  • Delegates debated the balance of power between the federal government and the states
• The Federalist Papers, written by Alexander Hamilton, James Madison, and John Jay, argued in favor of ratifying the Constitution and the benefits of a federal system

Key Concepts and Definitions

• Federalism: A system of government in which power is divided between a central authority (federal government) and constituent political units (states)
• Dual federalism: A model of federalism where the federal and state governments have distinct, separate spheres of authority
• Cooperative federalism: A model of federalism characterized by a more collaborative relationship between the federal and state governments
• Marble cake federalism: A metaphor describing the intermingling of federal, state, and local government responsibilities and funding
• Enumerated powers: Powers explicitly granted to the federal government by the Constitution
• Reserved powers: Powers not delegated to the federal government by the Constitution, which are reserved for the states
• Concurrent powers: Powers shared by both the federal and state governments, such as the power to tax and establish courts
• Supremacy Clause: Article VI, Clause 2 of the Constitution, which establishes that the Constitution, federal laws, and treaties are the "supreme law of the land"

Constitutional Framework

• The Constitution divides power between the federal government and the states through the enumeration of specific powers
• Article I, Section 8 of the Constitution lists the enumerated powers of Congress, such as the power to regulate interstate commerce and declare war
• The Tenth Amendment reserves powers not delegated to the federal government to the states or the people
• The Supremacy Clause in Article VI establishes the Constitution and federal laws as the supreme law of the land, superseding conflicting state laws
• The Necessary and Proper Clause (Article I, Section 8, Clause 18) grants Congress the power to make laws that are necessary and proper for carrying out its enumerated powers
  • This clause has been used to expand the scope of federal power over time
• The Commerce Clause (Article I, Section 8, Clause 3) grants Congress the power to regulate commerce among the states
  • The interpretation of this clause has significantly expanded federal authority since the New Deal era

Federal vs. State Powers

• The federal government has enumerated powers, which are explicitly listed in the Constitution
  • Examples of enumerated powers include the power to coin money, regulate interstate commerce, and declare war
• States have reserved powers, which are not specifically granted to the federal government by the Constitution
  • Examples of reserved powers include the power to establish local governments, issue licenses, and regulate intrastate commerce
• Federal and state governments share concurrent powers, such as the power to tax, establish courts, and make and enforce laws
• The federal government's powers have expanded over time through the interpretation of the Necessary and Proper Clause and the Commerce Clause
• The Supremacy Clause ensures that federal law takes precedence over conflicting state laws
• States can exercise powers not prohibited by the Constitution or preempted by federal law
  • For example, states have the authority to set their own voting requirements and establish state-level minimum wages

Evolution of Federalism

• Dual federalism (1789-1932) emphasized distinct spheres of authority for the federal and state governments
  • The Supreme Court often ruled in favor of limiting federal power during this era
• Cooperative federalism (1933-1960s) emerged during the New Deal era, characterized by a more collaborative relationship between the federal and state governments
  • Federal grants and programs expanded to address national issues like poverty and unemployment
• Creative federalism (1960s-1980s) saw an expansion of federal grants and the creation of new programs to address social issues
  • President Lyndon B. Johnson's Great Society initiatives exemplified this era of federalism
• New federalism (1980s-2000s) emphasized a shift of power from the federal government back to the states
  • President Ronald Reagan's administration sought to reduce federal regulations and devolve responsibilities to state and local governments
• Contemporary federalism (2000s-present) is characterized by a complex interplay of federal, state, and local government responsibilities
  • Issues such as healthcare, education, and environmental regulation involve cooperation and tension between different levels of government

Landmark Supreme Court Cases

• McCulloch v. Maryland (1819): Established the doctrine of implied powers and affirmed the supremacy of federal law over state law
• Gibbons v. Ogden (1824): Broadly interpreted the Commerce Clause, expanding federal power to regulate interstate commerce
• United States v. E. C. Knight Co. (1895): Limited the application of the Sherman Antitrust Act, narrowing the interpretation of the Commerce Clause
• Hammer v. Dagenhart (1918): Ruled that Congress could not regulate child labor under the Commerce Clause, limiting federal power
• National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937): Upheld the National Labor Relations Act, expanding the interpretation of the Commerce Clause
• United States v. Lopez (1995): Ruled that the Gun-Free School Zones Act exceeded Congress's Commerce Clause authority, limiting federal power
• Printz v. United States (1997): Ruled that the federal government cannot compel states to enforce federal laws, affirming the principle of state sovereignty

Modern Applications and Challenges

• Healthcare policy, such as the Affordable Care Act (2010), involves a complex interplay of federal and state responsibilities
  • States have the option to expand Medicaid coverage and establish their own health insurance exchanges
• Education policy, including the No Child Left Behind Act (2001) and the Every Student Succeeds Act (2015), demonstrates the tension between federal standards and state autonomy
  • States must meet federal requirements to receive funding but have flexibility in implementing programs
• Environmental regulation, such as the Clean Air Act and the Clean Water Act, involves cooperation and conflict between federal and state governments
  • States can set stricter environmental standards than the federal government but must comply with minimum federal requirements
• Immigration policy has been a contentious issue, with some states passing laws that conflict with federal immigration enforcement
  • The Supreme Court has ruled that immigration enforcement is primarily a federal responsibility
• The legalization of marijuana in some states has created a conflict with federal law, which still classifies marijuana as a controlled substance
  • The federal government has generally taken a hands-off approach, allowing states to implement their own marijuana policies

Impact on State Politics

• Federalism shapes the distribution of power and responsibilities between the federal and state governments, affecting state political agendas and policymaking
• States can serve as "laboratories of democracy," experimenting with innovative policies that may later be adopted at the federal level
  • Welfare reform in the 1990s and the legalization of same-sex marriage are examples of policies that originated at the state level
• Federal grants and programs, such as Medicaid and highway funding, provide resources for states but also come with strings attached
  • States must comply with federal requirements to receive funding, which can influence state policy decisions
• The balance of power between the federal and state governments can shift depending on the political party in control at each level
  • Republican administrations often emphasize state autonomy and limited federal power, while Democratic administrations tend to favor a more active federal role
• State attorneys general have become increasingly active in challenging federal policies and regulations through lawsuits
  • Coalitions of state attorneys general have sued the federal government over issues such as environmental regulations and immigration policies
• State legislatures and governors play a crucial role in implementing federal policies and programs at the state level
  • States have discretion in how they administer programs like Medicaid and allocate federal grant funds